HR45: Blair Holt's Firearm Licensing and Record of Sale Act of 2009 (Introduced in House)

[Ardentfrost]

Search Results - THOMAS (Library of Congress)

I present to you attempt #1 at increased gun control in the new Obama congress (and he hasn't even been sworn in yet!)

To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.

I'll let you read through it mostly on your own, but let me bring out a few highlights that I noticed (not saying I noticed all the gems from this proposed piece of legislation).

(a) Findings- Congress finds that--

(1) the manufacture, distribution, and importation of firearms is inherently commercial in nature;

(2) firearms regularly move in interstate commerce;

(3) to the extent that firearms trafficking is intrastate in nature, it arises out of and is substantially connected with a commercial transaction, which, when viewed in the aggregate, substantially affects interstate commerce;

(4) because the intrastate and interstate trafficking of firearms are so commingled, full regulation of interstate commerce requires the incidental regulation of intrastate commerce;

(5) gun violence in the United States is associated with the majority of homicides, over half the suicides, and two-thirds of non-fatal violent injuries; and

(6) on the afternoon of May 10, 2007, Blair Holt, a junior at Julian High School in Chicago, was killed on a public bus riding home from school when he used his body to shield a girl who was in the line of fire after a young man boarded the bus and started shooting.

As always, how can anyone really argue with this reasoning? They claim that gun sales are involved through interstate commerce, which surely is true. While there are Glock manufacturers here in Georgia, there isn't every type of gun manufacturing here, so guns must cross state lines to be sold, right? Except so does EVERYTHING else. I guess Congress should regulate fruit sales. Only licensed people should be allowed to sell and hold fruit, right?

And the appeal to emotion RIGHT THERE in the bill... Congress finds that a boy sacrificed himself to save a classmate? How did they find that? That is not a REASON for the bill. Not a logical one anyway. They do this shit so people find it more difficult to vote against it.

Additionally, they give numbers for gun-related crime, but not how many of those would be prevented by federal registration of guns. Ill-gotten guns won't change, and people who are legal owners of guns that use them for the powers of evil (which is rare to begin with) were still legal owners up until that point.

(c) Purposes- The purposes of this Act and the amendments made by this Act are--

(4) to facilitate the tracing of qualifying firearms used in crime by Federal and State law enforcement agencies.

I am all about governments working together in violent crime to make sure the correct person is caught and jailed. And it would seem lots of other people feel that way too, because we have that! There are national databases already where information is kept about violent crimes, guns used in crimes, etc... That's why you'll hear stuff like "this gun used in New Mexico was also used in a crime in Ohio." That's how they figure that shit out. Why do we need a federal system to do what we're already doing?

(a) In General- In order to be issued a firearm license under this title, an individual shall submit to the Attorney General (in accordance with the regulations promulgated under subsection (b)) an application, which shall include--

(1) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;

(2) the name, address, and date and place of birth of the applicant;

(3) any other name that the applicant has ever used or by which the applicant has ever been known;

(4) a clear thumb print of the applicant, which shall be made when, and in the presence of the entity to whom, the application is submitted;

(5) with respect to each category of person prohibited by Federal law, or by the law of the State of residence of the applicant, from obtaining a firearm, a statement that the individual is not a person prohibited from obtaining a firearm;

(6) a certification by the applicant that the applicant will keep any firearm owned by the applicant safely stored and out of the possession of persons who have not attained 18 years of age;

(7) a certificate attesting to the completion at the time of application of a written firearms examination, which shall test the knowledge and ability of the applicant regarding--

(A) the safe storage of firearms, particularly in the vicinity of persons who have not attained 18 years of age;

(B) the safe handling of firearms;

(C) the use of firearms in the home and the risks associated with such use;

(D) the legal responsibilities of firearms owners, including Federal, State, and local laws relating to requirements for the possession and storage of firearms, and relating to reporting requirements with respect to firearms; and

(E) any other subjects, as the Attorney General determines to be appropriate;

(8) an authorization by the applicant to release to the Attorney General or an authorized representative of the Attorney General any mental health records pertaining to the applicant;

(9) the date on which the application was submitted; and

(10) the signature of the applicant.

People are no longer allowed to supervise/teach their kids how to use firearms due to (6). (7) forces owners to go through a written test. Yikes.

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This is a horrible idea. First, not to bring up another potentially controversial issue, but this is how marijuana started to become illegal in the 1930's... federal issuance of licensing in order to sell the product, which they wouldn't actually issue (all applicants were denied). Putting the federal government in control of firearm licensing would basically give them first and final say on gun ownership in America. There is no provision in the bill that says they HAVE to give qualifying candidates a license, it just says they'll issue them under guidelines.

It's just a proposal, and may not see the light of day, but we should be aware that these bills are out there. And we should certainly let our congressmen know how we feel about it.

[stolz25]

Interstate commerce clause apparently means congress has the ability to do whatever it wants.

[Stylerod]

C'mon NRA!!!

[Ezra Smack]

To test the Constitutionality of this simply replace the word "firearm" with another Constitutionally protected item like a news paper or a Bible.

Now let's see how it sounds.

(5) with respect to each category of person prohibited by Federal law, or by the law of the State of residence of the applicant, from obtaining a Bible, a statement that the individual is not a person prohibited from obtaining a Bible;

(6) a certification by the applicant that the applicant will keep any Bible owned by the applicant safely stored and out of the possession of persons who have not attained 18 years of age;

(7) a certificate attesting to the completion at the time of application of a written Bible examination, which shall test the knowledge and ability of the applicant regarding--

(A) the safe storage of Bibles, particularly in the vicinity of persons who have not attained 18 years of age;

(B) the safe handling of Bibles;

(C) the use of prayer in the home and the risks associated with such use;

(D) the legal responsibilities of Bible owners, including Federal, State, and local laws relating to requirements for the possession and storage of Bibles, and relating to reporting requirements with respect to Bibles; and

(E) any other subjects, as the Attorney General determines to be appropriate.

Now we all know Bibles and newspapers are far more dangerous than firearms because they contain ideas that might cause people to act. The pen is after all, more powerfull than the sword. Hitler, Stalin and Chairmam Mao are responaible for the murder of millions. They personally never shot anyone. they used spoken and printed words to convince others to murder for them.